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Direct Consular Filing


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My fiancee should be in California about May 2005. I need to return to China in late August or early September. I am considering doing a DCF instead of an AOS after we marry here. The only reason I am thinking about this is I have been told that doing a DCF essentially gets her a green card in less than a year. I expect her interview in Guangzhou for her K-1 should be early May and then she would immediately come to the US. I would like to get some input on this matter and also could someone point me in the right direction on filing a DCF. I will return to China on a one year Z visa and have a foreign residence card for one year.

 

Thank you,

 

Larry

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From what I understand from Larry's post, his fiancee will enter the USA on a K-1 visa, and then they will get married. Then Larry is planning on going to China to work.

 

In that case, they could file for AOS in the U.S. after marrying, or they could return to China and then apply for a direct consular filing (aka DCF). The DCF may very well be faster than applying for AOS in the U.S., depending on where in the U.S. you will do it.

 

This wouldn't be a violation of the K-1, since it is coming with the intent to marry, which usually leads to filing for a green card. But, there's no requirement that you stay in the country. In fact, if you're applying for AOS, there may be a problem with her leaving the country before you get advanced parol or the conditional green card.

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Larry,

 

What type of work are you in? I have great interest in working in China. My education is structural engineering, I work in construction and have for many, many years. I know two US firms that that work in China taht I can work for--Turner and Bechtel, but I do not like the projects they are involved in.

 

So...I was just curious to know if you are in the same type of work.

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